Privacy: use of a person’s name, voice, signature, photograph, or likeness: injunctive relief.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill strengthens California’s privacy laws by allowing individuals to seek injunctive relief if their name, voice, signature, photograph, or likeness is used without their consent in commercial products, advertising, or other media. It provides a legal pathway for people to stop unauthorized use and recover damages, including profits earned from the use. The bill also clarifies definitions and establishes procedures for obtaining court orders to halt the use of a person’s likeness.
Key provisions
- Individuals can seek an injunction to stop the unauthorized use of their name, voice, signature, photograph, or likeness.
- The person causing the unauthorized use is liable for damages, including actual damages and profits earned from the use.
- A court order can require the removal or cessation of the unauthorized use within two business days.
- The bill clarifies that a photograph is readily identifiable if a reasonable person can determine the depicted individual is the same person complaining of the use.
- It addresses situations where multiple people are depicted in a photograph, requiring them to be represented as individuals.
- The bill establishes exceptions for news, public affairs, sports broadcasts, and political campaigns.
- It clarifies that commercial sponsorship or paid advertising does not automatically waive the requirement for consent.
- The bill incorporates amendments from Senate Bill 11, but only if both bills are enacted and this bill is enacted last.
Bill text
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Sponsors
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1 on record
Primary sponsor
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